[2024]DLSC17720 • July 10, 2024 • Supreme Court •
SETH WELBECK vs. KWABENA ACHEAMPONG, DIANA NYARKO AND VICTORIA MENSAH
The Plaintiff, Seth Welbeck, as administrator and beneficiary of the estate of his late father, Adolphus Welbeck Abdulai, claimed ownership and possession of a disputed property in Accra Central. The property was alleged to have been originally acquired by his grandmother, Rachel Afriyie Welbeck, from Victoria Mensah, who later purportedly sold it to a third party, Foo Chang Soo, who reassigned it back to the grandmother. The Defendants, including Victoria Mensah, denied the Plaintiff's claim, alleging ownership and long possession, and raised allegations of fraud and statute of limitations.
read moreJUDGMENT AMADU JSC: BACKGROUND (1) This appeal is from the judgment of the Court of Appeal dated 10th December 2021, wherein the Plaintiff/ Respondent/Appellant (hereinafter referred to as “the Plaintiff”) has assailed the judgment of the Court of Appeal which not only reversed the judgment of the Trial High Court, Land Division Accra dated 14th February 2020 in favour of the Defendants/Appellants/ Respondents (hereinafter referred to as the Defendants). The Court of Appeal then proceeded to grant relief to the Defendants by way of counterclaim in the following words; “The judgment of the Lower Court is hereby set aside and judgment entered in favour of the Appellants on the 3rd Appellant’s counterclaim”. (2) From the issues provoked by the grounds of appeal formulated and set out in the notice of appeal, and for a better appreciation of the propriety or otherwise of the final orders of the Court of Appeal it is necessary to recount in detail the factual background an...